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Journal : Equalegum International Law Journal

REGULATION ON PERSONAL DATA PROTECTION IN THE USE OF E-COMMERCE SERVICES Kurniasandi, Domi Dwi; Aprilia, Sherly Nanda; Indradjaja, Nobella; Chamdani, Chamdani
EQUALEGUM International Law Journal Volume 2, Issue 2, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i2.66

Abstract

Background. To realize legal certainty in business, the State protects consumer rights. Consumer rights become a proper subject of research due to the rapid technological advancement impacting the use of electronic devices, which also become a place of business transactions through e-commerce. To be able to use marketplace services, service users must fill out personal data and verify it. The data will be saved in the Big Data by the e-commerce service provider, and there is a potential for data misuse and leak as how they more frequently occur nowadays. This research aims to observe consumer personal data protection in Indonesia. Research Method. The normative legal method reviews several laws and regulations. Findings. There have been various regulations related to personal data protection, specifically Law No. 27 of 2022 regarding Personal Data Protection. However, several issues remain that become a basis for the researchers' suggestions. Conclusion. The Consumer Protection Law states that consumers have the right to safety and security in consuming goods and/or services but does not specifically regulate consumer data protection.  
SOCIAL ASSISTANCE COMPREHENSION, IMPLEMENTATION, AND MONITORING IN PREVENTING SOCIAL ASSISTANCE CORRUPTION Ananta, Geovani Dirga; Firnanda, Ongky Hikmal; Indradjaja, Nobella; Chamdani, Chamdani
EQUALEGUM International Law Journal Volume 2, Issue 2, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i2.67

Abstract

Background. With widespread corruption cases in Indonesia regarding social assistance for the people in need, strict and transparent enforcement of justice is needed in facing various corruption crimes, not only for punitive or repressive purposes after the crime occurs but also for preventive purposes. This research aimed at the notion of and limitations of social assistance, implementation mechanism, as well as monitoring and accountability mechanism in distributing social assistance. Research Method. The method used in this research is normative legal research by observing positive law as primary resource material as well as literature from journals, books, and articles as secondary data. Findings. The current law in Indonesia has not clearly and comprehensively regulated updates on receiver data, has still implemented complicated procedures, and has not established a transparency mechanism to involve the public in monitoring the social assistance distribution. Conclusion. legal provisions that regulate these matters are necessary to minimize the opportunities for social assistance abuse to achieve social welfare for Indonesians.
NEUROLAW AND CHILD AGE LIMIT IN CRIMINAL RESPONSIBILITY Saptama, Damai Alan; Putri, Aime Renata; Indradjaja, Nobella; Chamdani, Chamdani; Savage, Eileen
EQUALEGUM International Law Journal Volume 2, Issue 2, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i2.69

Abstract

Background. Currently, research and reviews on the human brain are increasingly supported by continuously developing technological advancements. Thus, children's brain development is more easily comprehended along with the rapid growth of science. In criminal law, this supports the understanding of children's ability to control impulsive behavior. This research aimed to observe children's age limit in taking responsibility for crimes in the Indonesian law system by considering legal theories and science related to the cognitive neural system from the perspective of neurolaw. Research Method. In this research, the data is obtained from a literature study and analyzed conceptually based on legal regulation in Indonesia usually it’s namely normative legal research. Findings. The result of this research showed that in Indonesia, children can be imposed with criminal responsibility from the age of 12 until before they reach the age of 18. Meanwhile, from the perspective of neurolaw, the brain has not completely developed within that age range, and its shifts are reflected in human behavior. However, due to the gradual transition of brain development, it is impossible to determine an absolute age limit for brain maturity in the range of 12-17 years old, and thus children’s criminal cases must be reviewed individually. Therefore, the assistance or explanation of neural/psychiatric experts, besides legal experts, is required in handling children's criminal cases. Conclusion. Children can be charged with criminal responsibility from 12 to 18 years old, due to brain development shifts.
CHECKS AND BALANCES IN THE IMPEACHMENT MECHANISM OF THE PRESIDENT OR VICE PRESIDENT FROM A CONSTITUTIONAL LAW PERSPECTIVE Salsabila, Safira; Suciana, Suciana; Indradjaja, Nobella; Chamdani, Chamdani
EQUALEGUM International Law Journal Volume 2, Issue 3, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i3.79

Abstract

Background. There are changes to the mechanism following the amendment of the Indonesian 1945 Constitution, regarding the President's or Vice President's impeachment. After the amendment, the impeachment process can be initiated by the House of Representatives to the Constitutional Court by including strong allegations of violations committed by the President or Vice President. After that, the Constitutional Court will make a decision which will later be discussed in a parliamentary session of the People’s Consultative Assembly. Looking at the impeachment mechanism above, a new question arises as to whether this mechanism is by the supremacy of constitutional law. Research Method. This research is written to find the impeachment mechanism outlined in the 1945 Constitution according to the supremacy of constitutional law, by focusing on the function of checks and balances through qualitative methods. Findings. The results of this research show that the impeachment mechanism is not by the 1945 Constitution due to the existence of political mechanisms. Conclusion. The checks and balances process has not taken place in a balanced manner because the Constitutional Court's decision on the indictment is inexplicit or binding on both the People’s Consultative Assembly and the 1945 Constitution.
CRIMINAL REGULATORY REFORM TO ERADICATE PROSTITUTION PRACTICES Assyifa, Lilia Safitri; Sitaputri, Kamila Maharani; Indradjaja, Nobella; Chamdani, Chamdani
EQUALEGUM International Law Journal Volume 2, Issue 3, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i3.80

Abstract

Background. The rapid technological advancement accelerates the spread of various forms of information, including information regarding prostitution practices. Meanwhile, from a legal perspective, a complete regulation of prostitution practices is at its minimum. The impacts of prostitution practices affect health aspects and drive social turmoil in the community. This research aims to review regulations related to prostitution practices, especially in the applicable criminal law in Indonesia, and propose factors that emphasize a law reform, so that in the future, prostitution practices may be handled more thoroughly. Research Method. This research uses a normative method, with secondary data that includes literary research, reviews on laws and regulations, and an analysis method that uses a prescriptive technique. Findings. In reality, several regional regulations have regulated prostitution practices, but nationally, there has not been any regulation that strictly regulates prostitution practices. Conclusion. In a preventive and repressive form, which are clear limitations of prostitution practices, criminal act reform for pimps, criminalization for commercial sex workers, the use of the double-track system in imposing sanctions, criminal act formulation, and criminal aggravation.